DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu et al. (US 2023/085018, Liu hereafter).
RE claims 1 and 19, Liu discloses a path establishment method and terminal (Figure 5 and paragraphs 46-56), wherein the terminal is a first terminal, comprising a memory and a processor, wherein the memory stores a program or instructions that are capable of being run on the processor, wherein the program or the instructions, when executed by the processor, cause the terminal to perform: when a first path is established (Figure 5 step 501), establishing a second path with a network-side device (Figure 5, step 502), wherein the first path is a direct path for the first terminal to communicate directly with the network-side device (Figure 5 step 501, Uu-link), and the second path is an indirect path for the first terminal to communicate with the network-side device by using a second terminal (Figure 5 step 502, relay link); or the first path is an indirect path for the first terminal to communicate with the network-side device by using the second terminal (Figure 6, step 601), and the second path is a direct path for the first terminal to communicate directly with the network-side device (Figure 6, step 602).
RE claim 2, Liu discloses the method of claim 1 as set forth above. Note that Liu further discloses wherein the establishing a second path with a network-side device comprises: when a first path establishment condition is met, sending, by the first terminal, a first request to the network-side device, wherein the first request is used to request to establish the second path (Paragraph 45 and Figure 7 discloses the signal quality of the Uu-link deteriorating is the condition and implicitly the report message to the network comprises information about it in box 703).
RE claim 3, Liu discloses the method of claim 2 as set forth above. Note that Liu further discloses wherein the first request comprises first information, and the first information comprises at least one of the following: signal quality between the first terminal and the second terminal; identification information of the second terminal; serving cell identification information of the second terminal; signal quality between the second terminal and the network-side device; and signal quality between the first terminal and the network-side device (Paragraph 45 and Figure 7 discloses the signal quality of the Uu-link deteriorating is the condition and implicitly the report message to the network comprises information about it in box 703).
RE claim 4, Liu discloses the method of claim 2 as set forth above. Note that Liu further discloses wherein when the first path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, and the second path is the direct path for the first terminal to communicate directly with the network-side device, the first path establishment condition comprises at least one of the following: link quality between the first terminal and a serving base station meets a communication condition; or, wherein when the first path is the direct path for the first terminal to communicate directly with the network-side device, and the second path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, the first path establishment condition comprises at least one of the following: link quality between the first terminal and the second terminal meets a communication condition (Paragraph 67, link quality of the Uu-link is greater than a threshold).
Claims 12, 15-17 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu et al. (US 2021/377842, Xu hereafter).
RE claims 12 and 20, Xu discloses a method and network-side device, comprising a memory and a processor, wherein the memory stores a program or instructions that are capable of being run on the processor, and when the program or the instructions are executed by the processor, the steps of the path establishment method comprising: when a first path is established, establishing, by a network-side device, a second path with a first terminal (Paragraphs 64-65, discloses two links, a direct and an indirect link are established one after the other), wherein the first path is a direct path for the first terminal to communicate directly with the network-side device, and the second path is an indirect path for the first terminal to communicate with the network-side device by using a second terminal (Paragraphs 64-65, discloses two links, a direct and an indirect link are established one after the other); or the first path is an indirect path for the first terminal to communicate with the network-side device by using the second terminal, and the second path is a direct path for the first terminal to communicate directly with the network-side device (Paragraphs 64-65, discloses two links, a direct and an indirect link are established one after the other).
RE claim 15, Xu discloses the method of claim 12 as set forth above. Note that Xu further discloses wherein the establishing a second path with a first terminal comprises: sending, by the network-side device, first indication information to the first terminal, wherein the first indication information is used to indicate to establish the second path (Paragraphs 64 and 69 and Figure 6, the gNB sending a request to establish second path using a RRCreconfiguration message, thus configuration information for the new path (can be direct or indirect) is sent.)
RE claim 16, Xu discloses the method of claim 12 as set forth above. Note that Xu further discloses wherein before the sending, by the network-side device, first indication information to the first terminal, the method further comprises: determining, by the network-side device, that a preset second path establishment condition is met (Paragraphs 64 and 69 and Figure 6, the gNB sending a request to establish second path using a RRCreconfiguration message, thus configuration information for the new path (can be direct or indirect) is sent.)
RE claim 17, Xu discloses the method of claim 12 as set forth above. Note that Xu further discloses wherein after the sending, by the network-side device, first indication information to the first terminal, the method further comprises: receiving, by the network side device, a multi-path configuration complete message sent by the first terminal (Figure 6, RRC reconfiguration complete message).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xu.
RE claim 5, Liu discloses the method of claim 1 as set forth above. Liu does not explicitly disclose wherein the establishing a second path with a network-side device comprises: receiving, by the first terminal, first indication information from the network-side device, wherein the first indication information is used to indicate to establish the second path.
However, Xu teaches wherein the establishing a second path with a network-side device comprises: receiving, by the first terminal, first indication information from the network-side device, wherein the first indication information is used to indicate to establish the second path (Paragraphs 64 and 69 and Figure 6, the gNB sending a request to establish second path using a RRCreconfiguration message, thus configuration information for the new path (can be direct or indirect) is sent.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Liu with the teachings of Xu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 6, Liu in view of Xu discloses the method of claim 5 as set forth above. Note that Xu further teaches wherein when the first path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, and the second path is the direct path for the first terminal to communicate directly with the network-side device, the first terminal alternatively receives at least one of the following information from the network-side device: configuration information of the direct path between the first terminal and the network-side device; serving cell identification information of the first terminal; second indication information, indicating an action that needs to be executed by a layer 2 after a path is added; or a rule for transmitting user plane data through the first path and the second path (Paragraphs 64 and 69 and Figure 6, the gNB sending a request to establish second path using a RRCreconfiguration message, thus configuration information for the new path (can be direct or indirect) is sent.).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Liu with the teachings of Xu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 7, Liu in view of Xu discloses the method of claim 5 as set forth above. Note that Xu further teaches wherein after the receiving, by the first terminal, first indication information from the network-side device, the method further comprises: sending, by the first terminal, a multi-path configuration complete message to the network-side device (Figure 6, RRC reconfiguration complete message).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Liu with the teachings of Xu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Non-Patent Literature (NPL hereafter, HUAWEI, "Discussion on Rel-18 multi-path via SL relay and UE aggregation", 3GPP DRAFT; R2-2208488, 3RD GENERATION PARTNERSHIP PROJECT (3GPP).)
RE claim 8, Liu discloses the method of claim 2 as set forth above. Liu does not explicitly disclose wherein when the first path is the direct path for the first terminal to communicate directly with the network-side device, and the second path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, the method further comprises: receiving, by the first terminal, a second message from the network-side device, wherein the second message comprises third indication information, and the third indication information is used to indicate to change from the first path to the second path for transmitting control plane data; and using, by the first terminal based on the third indication information, the second path to transmit the control plane data.
However, NPL teaches wherein when the first path is the direct path for the first terminal to communicate directly with the network-side device, and the second path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, the method further comprises: receiving, by the first terminal, a second message from the network-side device, wherein the second message comprises third indication information, and the third indication information is used to indicate to change from the first path to the second path for transmitting control plane data; and using, by the first terminal based on the third indication information, the second path to transmit the control plane data (Sections 2.2 and 2.4 and Figures 8 and 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Liu with the teachings of NPL since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 11, Liu discloses the method of claim a as set forth above. Liu does not explicitly disclose wherein before the establishing a second path with a network-side device, the method further comprises: receiving, by the first terminal, a paging message from the network-side device, wherein the paging message comprises at least one of the following: indicating the first terminal to establish the first path and/or the second path; or when indicating the first terminal to establish a single path, indicating whether the established path is a direct path or an indirect path.
However, NPL teaches wherein before the establishing a second path with a network-side device, the method further comprises: receiving, by the first terminal, a paging message from the network-side device, wherein the paging message comprises at least one of the following: indicating the first terminal to establish the first path and/or the second path; or when indicating the first terminal to establish a single path, indicating whether the established path is a direct path or an indirect path (Sections 2.2 and 2.4 and Figures 8 and 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Liu with the teachings of NPL since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xu and further in view of Lee et al. (US 2018/0227282, Lee hereafter.)
RE claim 9, Liu in view of Xu discloses the method of claim 6 as set forth above. Liu in view of Xu does not explicitly disclose wherein the rule comprises any one of the following: a first part of a data radio bearer (DRB) of the first terminal is transmitted in only the direct path; a second part of the DRB of the first terminal is transmitted in only the indirect path; different parts of the DRB of the first terminal are transmitted in both the direct path and the indirect path; or the DRB of the first terminal is transmitted in both the direct path and the indirect path after replication.
However, Lee teaches wherein the rule comprises any one of the following: a first part of a data radio bearer (DRB) of the first terminal is transmitted in only the direct path; a second part of the DRB of the first terminal is transmitted in only the indirect path; different parts of the DRB of the first terminal are transmitted in both the direct path and the indirect path; or the DRB of the first terminal is transmitted in both the direct path and the indirect path after replication (Paragraph 84, network device configures a UE to utilize both direct and relay paths via DRB configurations sent for each path so as exchange portions of traffic over both and increase throughput).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Liu in view of Xu with the teachings of Lee in order to provide for increased throughput
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Xu and further in view of Zhang et al. (US 2015/0139192, Zhang hereafter.)
RE claim 10, Liu in view of Xu discloses the method of claim 6 as set forth above. Liu in view of Xu does not explicitly disclose wherein the second indication information indicates at least one of the following: whether a packet data convergence protocol (PDCP) entity corresponding to the DRB needs to be reestablished; whether data recovery needs to be performed for the PDCP entity corresponding to the DRB; whether a new radio link control (RLC) entity corresponding to the DRB needs to be established; a configuration parameter of a media access control (MAC) entity corresponding to the DRB; whether a PDCP entity corresponding to a signaling radio bearer (SRB) needs to be reestablished; whether data recovery needs to be performed for the PDCP entity corresponding to the SRB; whether a new RLC entity corresponding to the SRB needs to be established; or a configuration parameter of a MAC entity corresponding to the SRB.
However, Zhang teaches wherein the second indication information indicates at least one of the following: whether a packet data convergence protocol (PDCP) entity corresponding to the DRB needs to be reestablished; whether data recovery needs to be performed for the PDCP entity corresponding to the DRB; whether a new radio link control (RLC) entity corresponding to the DRB needs to be established; a configuration parameter of a media access control (MAC) entity corresponding to the DRB; whether a PDCP entity corresponding to a signaling radio bearer (SRB) needs to be reestablished; whether data recovery needs to be performed for the PDCP entity corresponding to the SRB; whether a new RLC entity corresponding to the SRB needs to be established; or a configuration parameter of a MAC entity corresponding to the SRB (Paragraphs 121-124).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Liu in view of Xu with the teachings of Zhang since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 13, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Liu.
RE claim 13, Xu discloses the method of claim 16 as set forth above. Xu does not explicitly disclose wherein the establishing a second path with a first terminal comprises: receiving, by the network side device, a first request sent by the first terminal, wherein the first request is used to request to establish the second path, and the first request is sent by the first terminal after determining that a preset first path establishment condition is met.
However, Liu teaches wherein the establishing a second path with a first terminal comprises: receiving, by the network side device, a first request sent by the first terminal, wherein the first request is used to request to establish the second path, and the first request is sent by the first terminal after determining that a preset first path establishment condition is met. (Paragraph 45 and Figure 7 discloses the signal quality of the Uu-link deteriorating is the condition and implicitly the report message to the network comprises information about it in box 703).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Xu with the teachings of Liu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 14, Xu in view of Liu discloses the method of claim 13 as set forth above. Note that Liu further teaches wherein the first request comprises first information, and the first information comprises at least one of the following: signal quality between the first terminal and the second terminal; identification information of the second terminal; serving cell identification information of the second terminal; signal quality between the second terminal and the network-side device; or signal quality between the first terminal and the network-side device (Paragraph 45 and Figure 7 discloses the signal quality of the Uu-link deteriorating is the condition and implicitly the report message to the network comprises information about it in box 703).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Xu with the teachings of Liu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 18, Xu discloses the method of claim 16 as set forth above. Xu does not explicitly disclose wherein when the first path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, and the second path is the direct path for the first terminal to communicate directly with the network-side device, the second path establishment condition comprises at least one of the following: a size of a data buffer status report of the first terminal is greater than or equal to a third threshold; a service reliability requirement parameter of the first terminal is greater than or equal to a fourth threshold; a core network element requires a service to be transmitted through the second path or through the first path and the second path; downlink data arrives; link quality between the first terminal and a serving base station meets a communication condition; the first terminal is allowed to perform multi-path transmission; or at least some services of the first terminal are allowed to be transmitted through a plurality of paths; or, wherein when the first path is the direct path for the first terminal to communicate directly with the network-side device, and the second path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, the second path establishment condition comprises at least one of the following: a size of a data buffer status report of the first terminal is greater than or equal to a third threshold; a service reliability requirement parameter of the first terminal is greater than or equal to a fourth threshold; a core network element requires a service to be transmitted through the second path or through the first path and the second path; downlink data arrives; link quality between the first terminal and the second terminal meets a communication condition; the first terminal is allowed to perform multi-path transmission; or at least some services of the first terminal are allowed to be transmitted through a plurality of paths.
However, Liu teaches wherein when the first path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, and the second path is the direct path for the first terminal to communicate directly with the network-side device, the first path establishment condition comprises at least one of the following: link quality between the first terminal and a serving base station meets a communication condition; or, wherein when the first path is the direct path for the first terminal to communicate directly with the network-side device, and the second path is the indirect path for the first terminal to communicate with the network-side device by using the second terminal, the first path establishment condition comprises at least one of the following: link quality between the first terminal and the second terminal meets a communication condition (Paragraph 67, link quality of the Uu-link is greater than a threshold).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Xu with the teachings of Liu since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Conclusion
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/James P Duffy/Primary Examiner, Art Unit 2461
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